Kestler v. Goffredi
11 Misc. 2d 871, 172 N.Y.S.2d 629, 1958 N.Y. Misc. LEXIS 3908
Opinion
Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the [872] jury. (Civ. Prac. Act, § 457-a; McTiernan v. City of Little Falls, 284 App. Div. 79; Karlin v. Stuyvesant Press Corp., 146 N. Y. S. 2d 294.)
The judgment and order should be reversed and a new trial ordered, with $30 costs.
Hecht, J. P., Aurelio and Tilzer, JJ., concur.
Judgment and order reversed, etc.
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Kestler v. Goffredi, 11 Misc. 2d 871, 172 N.Y.S.2d 629, 1958 N.Y. Misc. LEXIS 3908 (N.Y. Ct. App. 1958).
11 Misc. 2d 871 (Kestler v. Goffredi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
McTiernan v. City of Little Falls
284 A.D. 79 (Appellate Division of the Supreme Court of New York, 1954)